COSPhil

Hello All,

I've spent the last couple of hours reading interesting stories.

Here is mine;

I've been working in a role on the Olympic & Paralympic Games. In the course of that I've met someone who has changed my outlook on life in a really unexpected manner, and with whom I "clicked" right away.

We we're inseparable for the majority of the Games, aside from work related requirements, and have already arranged a further spell in the US side.

We are now seeking to continue that relationship, in either country - but with a strong preference to the USA.

We both work in sport, and are 26 and 34 respectively (the US citizen is the elder).

I'm a UKC, with some Canadian heritage, and a back ground working in professional ice hockey, the University housing sector and the Games.

What are the options?

One option clearly favored is the K1 visa? Is it possible to co-run applications for the K1 alongside H1B?

I have a lead on a job in the area, which is aware that I don't currently have a work visa.

Is there any type of temporary work visa such as the Australian working holiday visa that may assist in a temporary co-habiting situation ahead of deciding if marriage is a definite to work or not.

Neither of us, ideally, want to jump right onto marriage. Neither of us actually had marriage in our outlook for life but have accepted that it is likely for visa/citizenship reasons etc we will need to eventually.

We would like ideally to spend 12-24 months together ahead of confirming a marriage or not.

I have around $70,000 to my name, is there any options for me on the business side of things?

Finally, is it worth getting a good immigration lawyer involved - and if so, are there any genuine recommendations?

Noorah101

Hi and Welcome to BE!

With the K-1 visa, you MUST get married within 90 days of your arrival in the USA, and then you must apply for your US Permanent Resident status to keep you legal in the USA (i.e, get your green card). Are you ready for marriage?

Yes, you are allowed to have multiple petitions in the system at the same time.

No. There are seasonal work visas, but that entails picking cotton or being a ski instructor just for the winter season. Being into sports, that might work for you, though...but no guarantee you'll be living close to your girlfriend.

Yes, but $70K is not enough money. Think more along the lines of $200K or so.

Not until you know which visa you want to go for, and then only if it's one of the more difficult ones, like investment type. If it's a work visa, the US company does all the prep work, you just go to the interview, and they use their own lawyers. For a marriage-based visa, the process is fairly simple and no laywer is needed unless you have some criminal history or previous US overstays.

Rene

COSPhil

Thanks so much - apologies, I meant the K1 was quite common across the forum - rather than it was our favored option.

Our favored option is a work related option.

Noorah101

Ah, I see what you mean. I don't even think the K-1 is quite common across the forum, though. It all just depends on the individual situation. If you look over in the US Marriage-Based Visa forum, you'll probably notice more Spouse Immigrant Visas rather than K-1's (or at least equal number of them).

Rene

COSPhil

I'm quite interested in how that particular element works. What fills the bit between meeting and marriage...

Have many Brits met USCs and just got married, or vice-versa. It feels like there is more than a few people on here who have been in ours, or a similar, situation.

We both have relatively good jobs and relatively good careers right now.

COSPhil

Also, I presume that I can enter the USA under the visitor waiver program whilst progressing either a K1 or H1B application.

Apfelkuchen

Everyone will have a slightly different story, of course. In my case, I met my USC husband (then boyfriend) in 2008, was with him for about a year and a half in the UK before he had to go back to the US for work, had a 2-year long distance relationship, got engaged, another year of LDR then marriage. (Now another year of LDR while we wait for my IV to process).

So I guess no trick to how it 'works'. Just a lot of waiting until the time is right and the bureaucracy takes its course!

Noorah101

Yes, that is correct.

As to how it works between meeting and marrying...I guess the majority of people have a long-distance relationship, visiting each other back and forth, until they feel confident in getting married. That's what my husband and I did.

Rene

scrubbedexpat099

Does the job potential fit a visa category?

COSPhil

I would think so, it would likely fit the Sport category.

It is a bit of an outside shot, but it's quite possible I could achieve it.

COSPhil

One other query (Well, I started with one, it's turned into a number as the post was written!!)...

If we were to apply for the K1 Visa, and I would then go over in the interim, under the VWP, 90 days from 5th January - could I work for free, along the lines of an internship, or is that still counted as work - during my time there.

I'm aware your allowed to hunt for work - but I'm just trying to work out the pheasability here.

Also, if the K1 is in progress, and I also go out on a VWP ESTA type document - does a fresh 90 (marriage deadline) period begin upon issue of the K1 (aware that I may need to come back to the UK, or at very least out of nation to Canada) to come back in activating my K1.

From the point of marriage, how long roughly does the AOS process take in order to be eligible for (paid) work?

I have some savings, so I am working out pheasability here - I really don't want us to be forced down a shotgun marriage route should the job offer route not work out.

Could this work?
Visit in November for thanksgiving on VWP (2 weeks in CO, plus some additional time in Canada, approx 1 week).
She visits UK for Xmas.
File K1 application in November or December (I understand she needs to do this in person within the USA?).
K1 takes 6-9 months to achieve (?)
My contract working on the games ends 31st December - head out on her return flight from UK on the VWP again.
Stay until end of VWP, and return to the UK.
K1 issued, head out to USA, again using the 90 days (with any luck this co-incides roughly with the end of my US trip).
Marriage at the last possible day to give us both the chance if we decide at any point it's not right.
Then go for AOS, and thus Green Card.

Also does a holiday for BOTH of us in Canada or any other 3rd party nation go against the 90 in, 90 out rule on ETSA. One would assume not.

Our Plan A is a job offer and then sponsorship via them on the H1B (aware of cap issues). This could also work the other way around vis a vis coming to the UK - but our personal preferences are to the USA. We generally feel that it will be easier for me to integrate into US culture than for her to integrate into UK culture. This is based on her two visits to the UK (the last of which for an extensive period of time), and on my numerous visits to the USA (albeit not to Colorado). Although I have spent the majority of the last two years working with people from that area.

Plan B is University, again either way - but this could take a year (do the USA do Semester B starts?).

So realistically the above is very much the Plan C back up option. I do have some reasonably significant savings so can afford to support myself for a number of months (probably up to 18) without working - although this would clearly be hurtful to career opportunities.

On that note, do Sport Support Staff become eligible under the P1 scheme? I have international/pro level coaching badges on the sporting side - but my career is sport management related.

I do apologize for all the questions - we are generally rational, very logical people who have frankly, found in each other something neither of us were either looking for, or thought we would find. Now we are seeking the answer to make it work.

Okay - final three options could these work?

1. Working Holiday in either UK or 3rd party country such as New Zealand, Canada or Australia. Of these, Canada would be preferable - and possibly easiest as I have Canadian heritage (biological father). If I'm frank neither of us really fancy Australia or New Zealand. We would probably prefer both moving up to Canada or Scotland. (I currently live in London).

2. If working on the above timeline, could I get a working holiday visa in Canada and spend some time there. My biological father lives in Lloydminster, Alberta, Canada and one of my relatives owns a large timber firm in the area.

3. I was approached approx 6 months ago by a business about investing in their USA sales vehicle. They are a successful business in the Higher Education industry (supplier to the HE industry) in the Commercial Services area. They are a UK Ltd, based in Yorkshire and are looking to establish a presence in the US market. I have an existing reputation in this area to the level of being chair of the national industry association - would I be able to either invest in, or work for this business in the United States (and indeed Canada).

The logical, rational thing given both us have good careers in our respective countries is to say it was fantastic for the time it lasted but it's time to move on. I think the thought of that over the past few days has left us both convinced we need to try to make it work.

christmasoompa

Are you sure you'd need a WHV? Was your father born in Canada? If so, you're probably a Canadian citizen.

COSPhil

Yes he was. However, complication is that I do not have a Canadian passport (I have previously held one) and I was adopted by my Mother and her new partner who is UKC-Australian dual national.

Therefore, I would imagine I would need to get the WHV. It's a route I've not looked into much.

christmasoompa

If you've previously had a Canadian passport, then you're definitely a a Canadian citizen (no way of getting one if you're not a citizen!). Think of it from your UK citizenship point of view - if you let your UK passport expire and didn't renew, you'd still be a citizen and able to get another passport at any point in your life wouldn't you?

So no need for a WHV. You can double check it here if you want - http://www.cic.gc.ca/english/citizen...ules/index.asp

No idea on the US immigration side of things, but I'm sure somebody will be along to help with that shortly.

COSPhil

Sorry, I've not made myself clear. I have since changed parentage (legally), AFTER my Canuck passport ran out.

As my mother is UKC only, and my adoptive father is AUS-UK, so I may no longer be able to do that.

However, definitely worth investigating.